Weiner v. 4601 Owners Corp.

Appellate Division of the Supreme Court of New York

Weiner v. 4601 Owners Corp.

87 A.D.3d 431, 929 N.Y.2d 735

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 11, 2011

StatusPublished

This text of 87 A.D.3d 431 (Weiner v. 4601 Owners Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Weiner v. 4601 Owners Corp., 87 A.D.3d 431, 929 N.Y.2d 735 (N.Y. Ct. App. 2011).

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Opinion

Plaintiff failed to establish his entitlement to judgment as a matter of law on his causes of action for breach of contract and breach of the covenant of quiet enjoyment, or any clear entitlement to a cease and desist order. The question of whether the business judgment rule precludes these claims must await determination of the facts (see Whalen v 50 Sutton Place S. Owners, 276 AD2d 356, 357 [2000]). Concur — Saxe, J.P, Friedman, DeGrasse, Freedman and Abdus-Salaam, JJ.

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Plaintiff failed to establish his entitlement to judgment as a matter of law on his causes of action for breach of contract and breach of the covenant of quiet enjoyment, or any clear entitlement to a cease and desist order. The question of whether the business judgment rule precludes these claims must await determination of the facts (see Whalen v 50 Sutton Place S. Owners, 276 AD2d 356, 357 [2000]). Concur — Saxe, J.P, Friedman, DeGrasse, Freedman and Abdus-Salaam, JJ.

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Bluebook (online)

87 A.D.3d 431, 929 N.Y.2d 735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiner-v-4601-owners-corp-nyappdiv-2011.

Opinion

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